OBLIC news, events and updates.

Among OBLIC insured attorneys,  the area of practice with the highest number of legal malpractice claims continues to be probate, estate and trust. Addressing the duties and conduct of estate fiduciaries is an important aspect to prevent claims for this area of practice. In this article, we review a fiduciary’s duties and role. Fiduciaries are […]

Limited Scope Representation has grown in popularity over the last decade. Proponents advocate that limited scope representation expands the public’s access to legal services, reduces the number of unrepresented litigants in court, and helps deliver better results to consumers. Also known as “unbundled legal services” or “discrete task representation,” the Ohio Rules of Professional Conduct […]

Our recent OBLICAlert recommended the use of proactive risk management when working with third-party contractors. One of the most important steps is verifying the confidentiality and cyber security protections utilized by those third parties, as discussed below. Ohio Adv. Op. 2009-6 indicates that while the Ohio Rules of Professional Conduct don’t prohibit outsourcing legal or […]

Managing a good relationship with your third-party contractors starts with proactively establishing clear expectations. Making sure that they have their own liability insurance can protect you and your clients in the event of an error. A consistent process when working with third-party professionals will help ensure a smoother relationship and compliance with Professional Conduct Rule […]

This Alert is Part 2 on new laws impacting various practice areas that take effect this spring.  Below, we discuss changes enacted by SB 202 and HB 279 in custody, guardianship, probate, and negligence law. SB 202 takes effect on April 3, 2023. The legislation prohibits a person’s disability from being used as the sole […]

Three new laws enacted by the 134th Ohio General Assembly are scheduled to take effect this spring: SB 210 Establishes postnuptial agreements and amends Domestic Violence definitions SB 202 Prohibits disability as the sole basis to deny parenting rights; establishes the validity of a recorded real property instrument when signed by an attorney-in-fact; and other […]

Metadata is defined as a set of data that describes and gives information about other data. Metadata isn’t “bad” per se.  It’s what makes it possible to search for information in digital format.  Computers, iphones and other devices automatically embed metadata in digital files.  This metadata can include a plethora of information about the file […]

We frequently receive questions surrounding the closing of a law practice.  Whether due to retirement, change in careers, or something unplanned, here are some suggested steps to facilitate the process of closing a practice. Establish a target date for closing the practice If the closing is due to retirement, allow at least one year to […]

Standard Probate Forms Effective January 1, 2023, the Ohio Supreme Court adopted amendments to the Rules of Superintendence that change standard probate forms. For lawyers dealing with the estate of a deceased lawyer trying to address funds in the decedent’s client trust account, the creation by the amendments of Form 13.11 Application to Disburse Attorney […]

The practice of law presents situations that challenge even the most experienced attorneys. This Alert will discuss responding to a request for a client file. The request for a client file may come during the representation when a client becomes disgruntled and terminates the representation, at the conclusion of the representation, or long after the […]